Judge Dismisses Copyright Lawsuit Against Dua Lipa Over ‘Levitating’
By Website Content Manager
A judge has decided that the pop star did not copy the songs “Wiggle and Giggle All Night” and “Don Diablo.”
Dua Lipa is no longer required to defend herself against allegations of plagiarism regarding songs by songwriters L. Russell Brown and Sandy Linzer.
On March 27, a Manhattan judge dismissed a copyright infringement lawsuit, which accused the 29-year-old pop star of copying their 1979 song “Wiggle and Giggle All Night” in her hit “Levitating.”
U.S. District Judge Katherine Polk Failla stated in a written decision that the two tracks were not “substantially similar,” leading to the dismissal of the lawsuit.
In addition to the claim involving “Wiggle and Giggle All Night,” L. Russell and Sandy Linzer also accused Dua Lipa of using elements from the 1980 Miguel Bosé song “Don Diablo,” which they co-own the copyright to.
However, the judge referenced a ruling from the previous year, in which Ed Sheeran was cleared of plagiarism claims against Marvin Gaye’s music. The judge pointed out that both “Levitating” and “Wiggle” shared similarities with works by renowned composers like Wolfgang Mozart, Gilbert and Sullivan, Gioachino Rossini, and even the Bee Gees, particularly their hit “Stayin’ Alive.”
Judge Katherine Polk Failla concluded that the musical style described by the plaintiffs as “pop with a disco feel” and its purpose, which they defined as “entertainment and dancing,” could not be protected, as such broad concepts would stifle the evolution of music in that genre.
Lipa’s legal team has not yet responded to requests for comment. Meanwhile, Jason T. Brown, the attorney representing L. Russell and Linzer (who is also the nephew of L. Russell), expressed disagreement with the court’s ruling and stated they planned to appeal.
Brown emphasized that the case was about defending the value of original songwriting and maintaining the legacy of L. Russell and Linzer’s creativity. He argued that despite the defense expert’s acknowledgment of similarities between “Don Diablo” and “Levitating,” recent legal trends—such as in the Sheeran case—focus more on dissecting technical aspects of music rather than considering how people actually experience it.
He criticized the trend of analyzing music purely through legal briefs and notation, arguing that the “soul” of a song resides in its sound, feel, and performance—elements juries should be allowed to hear and assess directly.
Representatives for Dua Lipa, as well as other defendants, including Clarence Coffee Jr., Sarah Hudson, Stephen Kozmeniuk, Sony Music Publishing, Universal Music Corporation, and Warner Records, have not yet responded to requests for comment.
In March 2022, Lipa faced a second copyright lawsuit from L. Russell and Linzer over “Levitating.” The lawsuit claimed the song was “substantially similar” to the 1979 Cory Daye track “Wiggle and Giggle All Night,” which L. Russell and Linzer wrote. The plaintiffs argued that the melody of “Levitating” closely resembled that of “Wiggle and Giggle All Night” and “Don Diablo,” citing matching rhythms and intervals, with the melody being repeated multiple times in “Levitating” and its remix featuring DaBaby.
L. Russell and Linzer noted that Lipa had spoken about drawing inspiration from older disco-era songs in interviews, which led them to file the suit to ensure she and the other defendants were held accountable for what they considered willful infringement.